Hondo council can't shake its litigious past

HONDO — An inquiry into Councilman Clyde Haak's contacts with outside attorneys has been launched in what's called an effort to clarify council members' authority under the city charter, which is being revised.

At issue is the 2009 hiring of outside defense attorneys for two lawsuits against the city, which Haak called proper. Haak denied allegations that he told an outside attorney retained by the city what motion to file in response to a lawsuit brought against the city last year.

“I'm questioning your actions,” Councilwoman Ann-Michelle Long told Haak on Monday in proposing the investigation by Charles Zech, the lawyer now assisting a citizen panel convened to recommend updates to the charter adopted in 2007.

Long takes issue with council members signing contracts, which she sees as the city manager's purview, or entering verbal contracts.

Haak called the probe a politically-motivated fishing expedition by Long and Councilmen Keith Lutz and Eric Torres who, before being elected in January, sued the city in a failed bid to block meetings by the two-member council that was left after three members were recalled.

Haak said the charter says, “The city council shall have the right to retain special counsel at any time it may deem necessary and appropriate.”

He and Councilman Mike Sanchez voted last June to hire Rolando Rios of San Antonio to defend the city in a suit challenging the recall election, and signed a contract.

In the second suit, after the short-handed council was temporarily barred by the court from meeting, Haak hired Tony Reyes verbally to defend him in the suit that contested its standing.

The three new members say they want a report on what happened, and whether it was legal.

“If our charter allows for a council person to sign a contract, then it needs to be fixed,” said Lutz, adding Reyes' hiring was never put to a vote.

The issue of whether the reduced council had a legal quorum still is being debated and likely will be addressed when proposed charter changes go before voters in November.

Interim City Attorney Bobby Perez has said the two-person council met the charter's quorum requirements, while Zech has cited attorney general rulings that call that finding into question.

The issue flared Monday as council tabled action on approving minutes from an Oct. 19 meeting of the short-handed council.

The minutes are just one area of regular conflict among the council factions who previously squared off in court.

“The attorneys think we ought to go back and ratify (actions by the two-man council) so something doesn't come back to bite us in the future,” Mayor Jim Danner said Tuesday. “The new council members, I think, want to be selective about what they ratify and what they don't. Zech said if we ratify any of them, you ought to ratify all of them.”